Filing a Cerebral Palsy Medical Malpractice Claim: Everything You Should Know
Cerebral palsy is caused by brain damage during, after, or shortly after childbirth. The damage to the brain can have a lifelong effect on your child's physical, mental and intellectual abilities. It also affects the ability to control muscles. Preventable medical mistakes cause it during child delivery. Cerebral palsy is a lifelong condition that is very expensive to manage. If your child's cerebral palsy resulted from medical practice, you ought to file a compensation claim to be compensated for the medical expenses, suffering, and more. In this article, we will enlighten you on everything you should know about filing a cerebral palsy medical malpractice.
Forms of Cerebral Palsy Malpractice
Professionals in health care should maintain high standards of care during the birthing procedure. However, sometimes a medical professional may be negligent, resulting in medical errors before, during, or after the birthing process. Neglect is a violation of the standards of care of the health professional. Some of the medical malpractice that may cause cerebral palsy include;
Excessive pulling on a child's head, neck, shoulders, or arms
Failure to identify or treat maternal infection
Failure to recognize fetal conditions such as hypoxia
Failure to identify umbilical cord problem
Failing to intervene by performing a much-needed Caesarean
Improper application of delivery devices such as suction cups or forceps
Proving Hospital Negligence for Cerebral Palsy
Hospitals should have standards, policies, and practices laid in place to prevent any negligence to the patients. The hospital is also required to provide a sterile and safe environment for the patients that do not put them at risk of infection, harm, or injury. Moreover, the hospital is responsible for recruiting enough medical practitioners who are licensed, qualified and well-trained with the necessary skills and knowledge.
You should file a medical malpractice lawsuit if your child has cerebral palsy from a negligent hospital or an individual practitioner. The hospital needs to meet the required standards and maintain quality patient care. Also, the medical staff member should uphold their best practices when attending to you during childbirth. If you suspect their negligence caused birth injury to your child, the at-fault be held legally accountable.
Evaluating your Cerebral Palsy Case
Proving Your Cerebral Palsy Case can be difficult and time-consuming. You need to evaluate several factors to ensure that you build a strong case between you, the hospital, and the medical staff who helped you with the birthing process. First, there ought to be an existing doctor-patient relationship in which you and your doctor have agreed to your respective roles. For instance, an agreement between you and the doctor shows they attended to you.
Secondly, you should prove that the medical staff's negligence and deviation from the expected code of ethics and standards of care caused your child's cerebral palsy. However, establishing medical malpractice that resulted in your child's malpractice can be tricky. It would be best if you look for a birth injury lawyer to help you gather proof and medical documents to help establish a case for you.
Also, first, the lawyer will analyze the details of your case to determine if the negligence claim is valid. If your case is valid, the lawyer will build a robust cerebral palsy claim that will warrant financial compensation for your child's treatment, pain, and suffering.
Filing your Cerebral Palsy Claim
Once you evaluate your cerebral palsy medical malpractice claim, it is not time to formally file it. Ensure that you file your lawsuit within the statute of limitations within your state. It would be best if you let your experienced birth injury lawyer take care of the paperwork and legal issues as you focus on taking care of your child.
Moreover, the lawyer will collect enough evidence to build a strong case for you. You and your child should not suffer due to someone else's negligence. You ought to be compensated for medical care, therapies, loss of wages, pain, suffering, and any other cost associated with the care of your child. Moreover, the lawyer will ensure that you receive fair compensation.
Wrapping Up
Medical professionals should maintain a high standard of medical care in the delivery room. You should be compensated if their negligence results in malpractices that cause your child to develop cerebral palsy. They should provide financial compensation to help you and your family pay for your child's treatment. Consult a birth injury lawyer to determine if your claim is eligible and to help you build a winning case against the at-fault.